Opinion
No. 79S00-0304-SD-172, No. 79C01-8904-CF-12.
June 5, 2003.
ORDER DENYING MOTION FOR STAY OF EXECUTION OF DEATH SENTENCE
Petitioner Joseph Trueblood, by counsel, files a "Verified Motion For Stay Of Execution Of Death Sentence." State of Indiana, by counsel, files "State's Opposition to Stay Pending Certiorari."
Trueblood's murder convictions and death sentence have been affirmed on direct and collateral review in state and federal courts. Execution of the death sentence is set for June 13, 2003, before the hour of sunrise.
The motion requests that we stay the execution pending a ruling on a petition for writ of certiorari filed by Trueblood in the United States Supreme Court. The certiorari petition seeks review of our recent decision denying Trueblood permission to litigate additional claims relating to the death sentence. See Order Concerning Successive Petition For Post-Conviction Relief In Capital Case, entered May 9, 2003.
As we indicated in that order, Trueblood has completed all the review to which he is entitled in state court. He is not entitled to a stay of execution under state law. Futhermore, Trueblood has moved for a stay of execution in the United States Supreme Court, where his certiorari petition is pending. Thus, there appears to be no impediment to his obtaining a stay from that Court, if appropriate under its procedures.
The motion for stay of execution is DENIED. No motion for reconsideration of this order shall be filed.
The Clerk is directed to send a copy of this order to the Public Defender of Indiana; to the Attorney General of Indiana; to F. Thomas Schornhorst; and to any other counsel of record. Our administration office will fax copies of this order to counsel for the parties.
DONE AT INDIANAPOLIS, INDIANA, this 5th day of June, 2003.
Randall T. Shepard, Chief Justice of Indiana.
All Justices concur.